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Statement of Need: The Agency is proposing to require that nutrition information be provided for the major cuts of single-ingredient, raw meat and poultry products, either on their label or at their point-of-purchase, because during the most recent surveys of retailers, the Agency did not find significant participation in the voluntary nutrition labeling program for single-ingredient, raw meat and poultry products. Without the nutrition information for the major cuts of single-ingredient, raw meat and poultry products that would be provided if significant participation in the voluntary nutrition labeling program existed, FSIS believes that these products would be misbranded. FSIS is also proposing to amend its regulations to require nutrition labels on the packages of all ground or chopped meat and poultry products. The Agency has determined that single-ingredient, raw ground or chopped products are different from other single-ingredient, raw products in several important respects. Thus, FSIS is proposing to make nutrition labeling requirements for all ground or chopped products consistent with those for multi-ingredient products. Finally, FSIS is proposing to amend the nutrition labeling regulations to provide that when a ground or chopped product does not meet the criteria to be labeled "low fat," a lean percentage claim may be included on the product as long as a statement of the fat percentage is also displayed on the label or in labeling. FSIS is proposing this provision because many consumers have become accustomed to this labeling on ground beef products, and because this labeling provides quick, simple, accurate means of comparing all ground or chopped meat and poultry products.

Summary of the Legal Basis: During the most recent surveys of retailers, FSIS did not find significant participation in the voluntary nutrition labeling program for single-ingredient, raw meat and poultry products. These surveys assessed whether retailers were providing nutrition labeling information for at least 90 percent of the major cuts of single-ingredient, raw meat and poultry products sold. Without the nutrition information for the major cuts of single-ingredient, raw meat and poultry products that would be provided if significant participation in the voluntary nutrition labeling program existed, FSIS believes that these products would be misbranded under section 1(n) of the Federal Meat Inspection Act (FMIA) or section 4(h) of the Poultry Products Inspection Act (PPIA). In addition, the nutrient and fat content of single-ingredient, raw ground or chopped products varies significantly, and consumers cannot readily detect the differences in nutrient and fat content in these products. For these reasons, FSIS believes that ground or chopped meat and poultry products that do not include nutrition information would be misbranded under section 1(n) of the FMIA or section 4(h) of the PPIA.

Alternatives: No action; nutrition labels required on all single-ingredient, raw products (major cuts and non-major cuts) and all ground or chopped products; nutrition labels required on all major cuts of single-ingredient, raw products (but not on nonmajor cuts) and all ground or chopped products; nutrition information at the point-of-purchase required for all single-ingredient, raw products (major and nonmajor cuts) and for all ground or chopped products.

Anticipated Costs and Benefits: Costs would include the equipment for making labels, labor, and materials used for labels for ground or chopped products. FSIS believes that the cost of providing nutrition labeling for the major cuts of single-ingredient, raw meat and poultry products should be negligible. Retail establishments would have the option of providing nutrition information through point-of-purchase materials. These materials are available for a nominal fee through the Food Marketing Institute. Also, FSIS intends to make point-of-purchase materials available, free of charge, on the FSIS web site. Benefits of the nutrition labeling rule would result from consumers modifying their diets in response to new nutrition information concerning ground or chopped products and the major cuts of single-ingredient, raw products. Reductions in consumption of fat and cholesterol are associated with reduced incidence of cancer and coronary heart disease.

Risks: None.